[2025] KEHC 1808 (KLR)
The court found that the alleged offence forming the subject of Busia CMCCRC No. E351 of 2024 was committed within Samia Sub-County, Busia County, which is under the jurisdiction of the Port Victoria Law Courts. In accordance with the principle that criminal cases should be heard in the court with territorial...
Source-derived case information.
- Citation
- [2025] KEHC 1808 (KLR)
- Parties
- Applicant: Republic; Respondent: Morris Otieno; Respondent: Moses Omia Tongoto
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E006 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Motion to Transfer Criminal Case
- Outcome
- Application allowed. Case transferred to Port Victoria Law Courts.
- Judges
- WM Musyoka
- Legal Topics
- Transfer of Criminal Cases, Territorial Jurisdiction, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Morris Otieno
Respondent
Moses Omia Tongoto
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Motion to Transfer Criminal Case
Legal Issues
- 1 Whether the criminal case should be transferred from Busia Chief Magistrate's Court to Port Victoria Law Courts due to territorial jurisdiction.
Ratio Decidendi
The court found that the alleged offence forming the subject of Busia CMCCRC No. E351 of 2024 was committed within Samia Sub-County, Busia County, which is under the jurisdiction of the Port Victoria Law Courts. In accordance with the principle that criminal cases should be heard in the court with territorial jurisdiction over the location of the alleged offence, the court ordered the transfer of the case file to the Port Victoria Senior Resident Magistrate’s Court for hearing and disposal.
Court Disposition
Application allowed. Case transferred to Port Victoria Law Courts.
Orders
- The file in Busia CMCCRC No. E351 of 2024 shall be transferred to the Port Victoria Senior Resident Magistrate’s Court for hearing and disposal.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Otieno & another (Miscellaneous Criminal Application E006 of 2025) [2025] KEHC 1808 (KLR) (13 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1808 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Criminal Application E006 of 2025
WM Musyoka, J
February 13, 2025
Between
Republic
Applicant
and
Morris Otieno
1st Respondent
Moses Omia Tongoto
2nd Respondent
Ruling
1. A Motion, dated 6th February 2025, has been placed before me. It seeks transfer of the criminal case in Busia CMCCRC No. E351 of 2024 to the Port Victoria Law Courts.
2. The offence, the subject of the charge and prosecution, in Busia CMCCRC No. E351 of 2024, was allegedly committed within the Samia Sub-County of Busia County, which falls within the local limits of the jurisdiction of the Port Victoria Court.
3. The order that I make, in the circumstances, is that the file in Busia CMCCRC No. E351 of 2024 shall be transferred to the Port Victoria Senior Resident Magistrate’s Court, for hearing and disposal.
DELIVERED, DATED AND SIGNED, IN CHAMBERS, AT BUSIA, THIS 13THDAY OF FEBRUARY 2025. W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMr. Onanda Antony, instructed by the Director of Public Prosecutions, for the applicant.